HARARE – The High Court has today ruled in favour of Douglas Mwonzora’s recall declaring that the MDC Alliance was not a political party therefore the recall of the Charlton Hwende and other three legislators was lawful.
By Fani Mapfumo
Upon handing over the ruling Justice Chitapi said the agreement which gave birth to the MDC Alliance was only for five years and there is nowhere in the agreement or anywhere else that shows a variation of that agreement.
Chitapi further said the act by Mwonzora was lawfull since MDC-T acted in accordance with the alliance document signed by Morgan Tsvangirai when it recalled the quartet from parliament.
Justice Chitapi says this is just power politics at play.
He further said the four legislators could not sue as individuals neither can the Alliance sue because for a political party to sue it must have a constitution, which should exist separately from its members.
He further dismissed the case saying the recalled legislator Chalton Hwende had no legal authority to represent the Members of Parliament.
The ruling came at a time the two MDC factions are fighting over the members of parliaments and will from this time own lead to many party recalls.
The high court ruling however contradicts with another High Court ruling handed over this week which declared that MDC Alliance was a political party.
The ruling stopped the Ministry of Justice from disbursing funds to the MDCT led faction under the Political Party Fund Act